Agency seeks public comment on proposal to protect one of world’s extraordinary salmon resources(Seattle—July 18, 2014) The U.S. Environmental Protection Agency Region 10 is issuing a proposal to protect one of the world’s most valuable salmon fisheries, in Bristol Bay, Alaska, from the risks posed by large-scale mining at the Pebble deposit. Science has shown that development of this mine, which is backed by Northern Dynasty Minerals and the Pebble Limited Partnership, would be one of the largest open pit copper mines in the world and would threaten one of the world’s most productive salmon fisheries. EPA Region 10 is seeking public comments on the proposal.

The Bristol Bay watershed is an area of exceptional ecological value with salmon productivity unrivaled anywhere in North America. The region’s streams, wetlands, lakes and ponds provide intact habitat that supports all five species of Pacific salmon found in North America: coho, Chinook, sockeye, chum, and pink. These salmon populations are critical to the health of the entire ecosystem, which is home to more than 20 other fish species, 190 bird species, and more than 40 terrestrial mammal species, including bears, moose, and caribou.

Bristol Bay supports commercial, subsistence, and recreational fisheries that are worth hundreds of millions in economic yield each year and create thousands of jobs.

“Bristol Bay is an extraordinary ecosystem that supports an ancient fishing culture and economic powerhouse,” said Dennis McLerran, Regional Administrator for EPA Region 10. “The science is clear that mining the Pebble deposit would cause irreversible damage to one of the world’s last intact salmon ecosystems. Bristol Bay’s exceptional fisheries deserve exceptional protection. We are doing this now because we’ve heard from concerned tribes, the fishing industry, Alaskans and many others who have lived and worked for more than a decade under the uncertainty posed by this potentially destructive mine. Simply put, this will be a uniquely large mine in a uniquely important place.”

In February, EPA announced it was initiating a process under the Clean Water Act to protect the Bristol Bay fisheries from mining of the Pebble deposit. The announcement followed a multiyear scientific study examining the impacts of large-scale copper mining in the Bristol Bay watershed.

HOW A MINE WOULD AFFECT THE BRISTOL BAY WATERSHED

Based on information provided by Northern Dynasty Minerals to investors and the U.S. Securities and Exchange Commission, mining the Pebble deposit is likely to result in:

A mine pit nearly as deep as the Grand Canyon. Based on mine proponents’ prospectus, EPA estimates the mine would require excavation of the largest open pit ever constructed in North America and would cover nearly seven square miles at a maximum depth of over 3/4 of a mile. The maximum depth of the Grand Canyon is about one mile.

Mine waste that would fill a major football stadium up to 3,900 times. This includes mine tailings and waste rock.

Massive mine tailings impoundments that would cover approximately 19 square miles and waste rock piles that would cover nearly nine square miles in an area with productive streams, wetlands, lakes and ponds important for salmon.

A mining operation that would cover an area larger than Manhattan. This includes all three mine components EPA considered (mine pit, tailings impoundments, and waste rock piles).

A mine would also require additional infrastructure including a major transportation corridor, pipelines, and wastewater treatment plants.

EPA PROPOSAL TO PROTECT THE BRISTOL BAY WATERSHED

EPA Region 10’s proposal to protect the Bristol Bay watershed outlines restrictions that would protect waters that support salmon in and near the Pebble deposit. These restrictions apply to impacts associated with large-scale mining of the Pebble deposit. No other lands or development are subject to the restrictions.

The Clean Water Act generally requires a Section 404 permit from the U.S. Army Corps of Engineers before any person places dredged or fill material into streams, wetlands, lakes and ponds. The U.S. Army Corps of Engineers authorizes thousands of permits every year, and EPA works with the Corps and developers to resolve environmental concerns so projects can move forward. Under Section 404(c), EPA is authorized to prohibit or restrict fill activities if a project would have unacceptable adverse effects on fishery areas.

EPA has used its 404(c) authority sparingly, beginning the process in 30 instances and completing it only 13 times in the 42-year history of the Clean Water Act. EPA use of its authority has typically involved major projects with significant impacts on some of America’s most ecologically valuable waters.

EPA Region 10 has initially concluded that mining the Pebble deposit would affect the South Fork Koktuli River, North Fork Koktuli River and Upper Talarik Creek watersheds. The proposed restrictions are outlined in a document called the Proposed Determination. The restrictions are based on the construction and operation of a 0.25-billion-ton mine. This was the smallest of the three mine scenarios EPA analyzed in the Bristol Bay Assessment and is significantly smaller than the mine presented to Northern Dynasty Minerals investors. Even the development of this smaller mine would result in unacceptable adverse impacts.

Based on scientific analysis, EPA proposes to restrict all discharge of dredged or fill material related to mining the Pebble deposit that would result in any or all of the following:

Loss of streams: The loss of five or more miles of streams with documented salmon occurrence (coho, Chinook, sockeye, chum, pink); or the loss of 19 or more miles of streams where salmon are not documented, but that are tributaries of streams with documented salmon occurrence

Loss of wetlands, lakes, and ponds:The loss of 1,100 or more acres of wetlands, lakes, and ponds that connect with streams with documented salmon occurrence or tributaries of those streams

Streamflow alterations: Streamflow alterations greater than 20 percent of daily flow in nine or more linear miles of streams with documented salmon occurrence

According to EPA analyses, losses of the nature and magnitude listed above would be unprecedented for the Clean Water Act Section 404 regulatory program in the Bristol Bay region, as well as the rest of Alaska and perhaps the nation.

In addition to holding public meetings, EPA will meet with tribes for formal consultation. The Bristol Bay region is home to 31 Alaska Native Villages. Residents of the area depend on salmon both as a major food resource and for their economic livelihood. Nearly all residents participate in subsistence fishing.

The Clean Water 404(c) process allows for substantial input from the public, the state, the mining companies involved with the Pebble deposit and from Alaska Native tribes. EPA Region 10 will review public comments on its proposal and consider next steps in the process, which could include moving toward a Recommended Determination to the EPA Assistant Administrator for Water.

The U.S. Environmental Protection Agency is initiating a process under the Clean Water Act to identify appropriate options to protect the world’s largest sockeye salmon fishery in Bristol Bay, Alaska from the potentially destructive impacts of the proposed Pebble Mine. The Pebble Mine has the potential to be one of the largest open pit copper mines ever developed and could threaten a salmon resource rare in its quality and productivity. During this process, the U.S. Army Corps of Engineers cannot approve a permit for the mine.

This action, requested by EPA Administrator Gina McCarthy, reflects the unique nature of the Bristol Bay watershed as one of the world’s last prolific wild salmon resources and the threat posed by the Pebble deposit, a mine unprecedented in scope and scale. It does not reflect an EPA policy change in mine permitting.

“Extensive scientific study has given us ample reason to believe that the Pebble Mine would likely have significant and irreversible negative impacts on the Bristol Bay watershed and its abundant salmon fisheries,” said EPA Administrator Gina McCarthy. “It’s why EPA is taking this step forward in our effort to ensure protection for the world’s most productive salmon fishery from the risks it faces from what could be one of the largest open pit mines on earth. This process is not something the Agency does very often, but Bristol Bay is an extraordinary and unique resource.”

The EPA is basing its action on available information, including data collected as a part of the agency’s Bristol Bay ecological risk assessment and mine plans submitted to the Securities and Exchange Commission. Today, Dennis McLerran, EPA Regional Administrator for EPA Region 10, sent letters to the U.S. Army Corps of Engineers, the State of Alaska, and the Pebble Partnership initiating action under EPA’s Clean Water Act Section 404(c) authorities.

“Bristol Bay is an extraordinary natural resource, home to some of the most abundant salmon producing rivers in the world. The area provides millions of dollars in jobs and food resources for Alaska Native Villages and commercial fishermen,” McLerran said. “The science EPA reviewed paints a clear picture: Large-scale copper mining of the Pebble deposit would likely result in significant and irreversible harm to the salmon and the people and industries that rely on them.”

Yesterday’s action follows the January 2014 release of EPA’s “Assessment of Potential Mining Impacts on Salmon Ecosystems of Bristol Bay, Alaska,” a study that documents the significant ecological resources of the region and the potentially destructive impacts to salmon and other fish from potential large-scale copper mining of the Pebble Deposit. The assessment indicates that the proposed Pebble Mine would likely cause irreversible destruction of streams that support salmon and other important fish species, as well as extensive areas of wetlands, ponds and lakes.

In 2010, several Bristol Bay Alaska Native tribes requested that EPA take action under Clean Water Act Section 404(c) to protect the Bristol Bay watershed and salmon resources from development of the proposed Pebble Mine, a venture backed by Northern Dynasty Minerals. The Bristol Bay watershed is home to 31 Alaska Native Villages. Residents of the area depend on salmon as a major food resource and for their economic livelihood, with nearly all residents participating in subsistence fishing.

Bristol Bay produces nearly 50 percent of the world’s wild sockeye salmon with runs averaging 37.5 million fish each year. The salmon runs are highly productive due in large part to the exceptional water quality in streams and wetlands, which provide valuable salmon habitat.

The Bristol Bay ecosystem generates hundreds of millions of dollars in economic activity and provides employment for over 14,000 full and part-time workers. The region supports all five species of Pacific salmon found in North America: sockeye, coho, Chinook, chum, and pink. In addition, it is home to more than 20 other fish species, 190 bird species, and more than 40 terrestrial mammal species, including bears, moose, and caribou.

Based on information provided by The Pebble Partnership and Northern Dynasty Minerals, mining the Pebble deposit may involve excavation of a pit up to one mile deep and over 2.5 miles wide -- the largest open pit ever constructed in North America. Disposal of mining waste may require construction of three or more massive earthen tailings dams as high as 650 feet. The Pebble deposit is located at the headwaters of Nushagak and Kvichak rivers, which produce about half of the sockeye salmon in Bristol Bay.

The objective of the Clean Water Act is to restore and maintain the chemical, physical, and biological integrity of the nation’s waters. The Act emphasizes protecting uses of the nation’s waterways, including fishing.

The Clean Water Act generally requires a permit under Section 404 from the U.S. Army Corps of Engineers before any person places dredge or fill material into wetlands, lakes and streams. Mining operations typically involve such activities and must obtain Clean Water Act Section 404 permits. Section 404 directs EPA to develop the environmental criteria the Army Corps uses to make permit decisions. It also authorizes EPA to prohibit or restrict fill activities if EPA determines such actions would have unacceptable adverse effects on fishery areas.

The steps in the Clean Water Act Section 404(c) review process are:

Step 1 – Consultation period with U.S. Army Corps of Engineers and owners of the site, initiated today.

Step 2 – Publication of Proposed Determination, including proposed prohibitions or restrictions on mining the Pebble deposit, in Federal Register for public comment and one or more public hearings.

Step 3 – Review of public comments and development of Recommended Determination by EPA Regional Administrator to Assistant Administrator for Water at EPA Headquarters in Washington, DC.

Step 4 – Second consultation period with the Army Corps and site owners and development of Final Determination by Assistant Administrator for Water, including any final prohibitions or restrictions on mining the Pebble deposit.

Based on input EPA receives during any one of these steps, the agency could decide that further review under Section 404(c) is not necessary.

Now that the 404(c) process has been initiated, the Army Corps cannot issue a permit for fill in wetlands or streams associated with mining the Pebble deposit until EPA completes the 404(c) review process.

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